THIS YEAR APAAC HAS SOUGHT LEGISLATION ON TWO MATTERS OF IMPORTANCE TO PROSECUTORS STATEWIDE:
HB2382: Conspiracy; Homicide; Statute of Limitations: Seeks to add conspiracy to commit homicide to the statute that would remove any time limitation on such a charge, consistent with the charge of homicide itself.
Applicable especially in cold cases as one could easily imagine a situation where, after the passage of some time and the erosion of evidence, that the elements of conspiracy may be provable at trial where the act itself may not. Update: Awaits final action; Passed Senate Judiciary; to Senate Floor after a stop in Rules (3/24/14).
SB 1249: Dangerous And Incompetent Defendants; Commitment, To better serve public safety establishes a mechanism for managing the commitment of dangerous offenders deemed incompetent to stand trial and systematize the administration of cases through regular court monitoring of ongoing treatment in order to ensure that they are not simply released back into the community without proper attention. Update: Passed out of the Senate; has not been scheduled for House action (3/24/14).
SB1389/HB2333: Medical Marijuana Fund; Education Programs, APAAC supports language to use the medical marijuana fund established by dispensary and cardholder fees for public education about the potential harm of marijuana abuse and substance abuse prevention. HB2333 contains several unfavorable provisions and has become the topic of a media storm to support research. HB2333 is dead, as it was not heard in the Senate. SB1389 is available for reconsideration having failed to garner 23 votes (21) on the Senate floor. (3/24/14)
APAAC ALSO SUPPORTS THE FOLLOWING THREE PIMA COUNTY BILLS THAT ARE SEEING THEIR SECOND YEAR OF ACTION:
HB2312 Tampering With A Witness: The definition of tampering with a witness, a class 6 felony, is expanded to include inducing a witness to evade a summons or subpoena, and to include attempting to induce a witness to take any of the specified actions. Passed Senate Committee; awaits Rules and final floor vote. (3/24/14)
HB2314 Prosecutor Presence; Interview of Minor: The defendant, defendant's attorney or an agent of the defendant is prohibited from interviewing a minor child who is a victim and who has agreed to an interview unless the prosecutor is present, even if the minor child's parent initiates contact with the defendant, defendant's attorney or agent of the defendant. Held in Senate Judiciary but stay tuned…(3/24/14)
HB2322 National Instant Criminal Background Checks: As amended, the clerk of court is required to transmit the case information of every case involving Incompetents per Rule 11; Guilty except Insane; or Mental Health Guardianship to the National Instant Criminal Background Check System. Likewise, restoration of the right to possess a firearm due to these categories shall also be transmitted to NICS. Effective January 1, 2015. (3/24/14)
DTAP- Drug Treatment Alternative to Prison: Funding is included in both the House and Senate budgets to continue the Pima County program, which was detailed at the APAAC Council meeting on September 6, 2013. (3/24/14)
APAAC reviews all the bills submitted that impact criminal justice. This is just a sampling of the bills brought by our members and others regarding public safety. We will occasionally feature bills of note as they make their way through the process.
THE APAAC COUNCIL MET ON FRIDAY, MARCH 21 TO CONSIDER ITS POSITION ON ALL BILLS CURRENTLY BEING ADDRESSED.
APAAC’S POSITION ON BILLS AND LINKS TO THE STATUSES OF BILLS CAN BE FOUND IN THIS WEB REPORT:
Please follow this link to APAAC's web report: http://www.azcapitolreports.com/webreport